MUNICIPAL BOARD Vs. SALIM KHAN

JUDGEMENT

(1.) BY this writ petition, the Municipal Board Gangapur City (for short "board") seeks a writ of quo-warranto for declaring that the Controlling Authority under the Payment of Gratuity Act, 1972 (for short the "act 1972"), District Sawaimadhopur (respondent No. 2) (for brevity, "respondent authority") has no jurisdiction in the matter of Salim Khan (respondent No. 1 employee) to pass order dated February 18, 1997 (Annex. 3) in Suit No. PGA 12/96, whereby the respondent authority held that the respondent employee is entitled to get balance payment of Rs. 32,919/- from the petitioner Board with interest @ 12% per annum with effect from May 31, 1995 till payment directed to be made within 30 days.

(2.) SUCCINCTLY stated the facts leading to this writ petition are that admittedly the respondentno. 1 was an employee of the Board having been initially appointed on October 1, 1964 at its Octroi Post guard and he had retired from service on May 31, 1995 when he was paid retirement gratuity of Rs. 19,673/ -. However, the respondent employee being dissatisfied with payment of gratuity made by the Board at the time of his retirement, preferred a petition on August 20, 1996 (Annex. 1) before the respondent authority claiming gratuity to the tune of Rs. 51,855/- under the Act on the assertions inter alia that at the retirement on May 31, 1995, he had completed service for 30 years 8 months and last pay drawn was Rs. 1,290/- plus Rs. 1,613/-as dearness allowance totalling to Rs. 2,903/-and therefore, on the basis of last pay at Rs. 2,903/- he was entitled to total gratuity to a sum of Rs. 51,855. 25 as per provisions of Section 2 (s) of the Act, 1972, whereas he was only paid Rupees 19,673/- by the Board. Reply (Annex. 2) to the claim petition was also filed by the petitioner Board on October 16, 1996 wherein admitting the fact of the respondent being employed and after having rendered 30 years 8 months, retired with payment of gratuity to a sum of Rs. 19,6737- under the Rajasthan Municipalities (Contributory Provident Fund and Gratuity) Rules, 1969 (for short "gratuity Rules 1969"), the Board raised objection as to the jurisdiction of the Authority (respondent No. 2) to entertain claim of the municipal employee and the employee (respondent No. 1) of the Municipal Board is entitled to the gratuity only under the Gratuity Rules, 1969 and not under the Act, 1972 because the Municipality is a local self-institution having its own Service Rules inasmuch as the claimant employee being a permanent servant of the Board did not come within the purview of a workman, who used to receive daily wages having been worked at muster roll.

(3.) AFTER having heard the parties and considered the material on record, the respondent authority by its judgment (Annex. 3) ordered to make payment of balance gratuity sum or Rs. 32,919/- with interest as referred to above. Hence this writ petition at the instance of the Board.